Trial court has authority to order defendant to complete domestic violence counseling even though he was not convicted of domestic battery when it is reasonably related to the crime.
Criminal
Tyms-Bey v. State, No. 49A05-1603-CR-439, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2017).
Indiana’s RFRA offers no protection for the allegedly criminal nonpayment of income taxes, and the trial court did not err by denying a request to assert the defense.
Watkins v. State, No. 82A01-1510-CR-1624, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2017).
Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.
Neal v. State, No. 20A04-1606-CR-1326, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2016).
The court substantially complied with the requirement of I.C. 35-38-1-7.8(c) by making it clear to the defendant that her status as a credit-restricted felon would impact her ability to earn credit time toward her sentence.
Thomas v. State, No. 27A02-1602-CR-374, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2016).
In the absence of probable cause to detain, the trial court abused its discretion when it did not exclude from evidence the heroin found in defendant’s mouth during jailhouse search.